JUDGMENT :

N. Kotiswar Singh, J.

Heard Ms. R.D. Mazumdar, learned amicus curiae and Mr. L.R. Mazumder as well as Mr. A.Z. Ahmed, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

2. The present appeal has been preferred against the judgment and order dated 3.7.2015 passed by the learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No. 132/2013 by which 3 persons, namely, Sukumar Mura, Rajesh Mura, Sabilal Mura @ Chobilal Mura, appellants herein, were convicted under section 447/34, IPC and sentenced to undergo simple imprisonment for two months each, and further convicted under section 302/34, IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 4,000 each and in default of which to undergo simple imprisonment for six months and they are also convicted under section 201/34, IPC and sentenced to undergo rigorous imprisonment for 3 years each and pay a fine of Rs. 2,000 each and in default of which to undergo simple imprisonment for 3 months. The entire fine amount of Rs. 18,000 was directed to be paid to the PW 1 and PW 2 (both the daughters of the deceased) in equal share as compensation.

3. The aforesaid 3 persons-appellants were convicted under the aforesaid penal sections for their involvement in the murder of one Jaharlal Mura who they suspected of being involved in witchcraft.

4. An FIR was lodged before the In-charge of Lakhipur Police Station on 7.6.2013 by one Chinilal Mura against 11 persons alleging that his elder brother, Jaharlal Mura @ Jez Mura was taken away by the aforesaid persons from his house to a field and beat him to death with sharp weapons and buried him in a hillock, in the jungle of Kalabil. It was also alleged that suspecting him to be a witch, the accused-persons had performed a “puja” and killed him out of their superstitious belief and accordingly, a case was registered and on completion of the investigation, 17 persons were charge-sheeted. Charges framed on 20.9.2013 against the accused read as follows :

“Firstly— That you, along with 20/25 other persons, on 6.6.2013 at about 12 O'clock at noon were members of an unlawful assembly, the common object of which assembly as to cause death of Jaharlal Mura @ Jaj Mura and were at that time armed with deadly weapon including Trisul and other sharp weapon and thereby, committed an office punishable under section 148 of the IPC.

Secondly, that on the same time, date and place, you being the members of an unlawful assembly, namely, to commit the murder of Jaharlal Mura committed the offence of criminal trespassed by entering into the premises of said Jaharlal Mura @ Jaj Mura with intent to omit the offence and you being the members of such assembly at the time of committing of that offence and thereby committed an offence punishable under section 447/148, EPC.

Thirdly, on the same time date and place, you being the members of an unlawful assembly, in prosecution of the common object of the said assembly, i.e., to commit the murder intentionally or knowingly causing the death of said Jaharlal Mura @ Jaj Mura, which offence you know to be likely to be committed in prosecution of the common object of the said assembly and you being the members of such assembly at the time of committing of that offence and thereby committed an offence punishable under section 302/149, IPC.

Fourthly, that on the same date, time and place you being the members of the unlawful assembly in prosecution of the common object of the said assembly, namely, to commit the murder of Jaharlal Mura, @ Jaj Mura and knowing or having reason to believe that the offence of murder of a man punishable with death has been committed caused certain evidence connected with the said offence, namely, the dead body of Jaharlal Mura @ Jaj Mura to disappear with intention to screen you offenders from legal punishment and you being the members of the said unlawful assembly at the time of committing of that offence and